APHC010020122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2057/2026 Between: 1. MUSUNURI ARUNA KUMARI, W/O. PRASAD, AGED ABOUT 41 YEARS, R/O. D.NO. 2-31, MAIN ROAD, BESIDE PANCHAYATHU OFFICE KOPPULAVARIGUDEM VILLAGE, MUNDUR, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT.-522238- 2. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT.- 3 3. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. 4. 4. THE EXECUTIVE ENGINEER, P.R.PIU. DIVISION, ELURU, ELURU DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, P.R.I. SUB DIVISION, ELURU, ELURU DISTRICT. -53AOOL 6 6. THE ASSISTANT EXECUTIVE ENGINEER, P.R.I. SUB DIVISION, p. 2 ELURU, ELURU DISTRICT.-53IF00L 7. 7. THE MANDAL PRAJA PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, PEDAVEGI, ELURU DISTRICT.-534455- 8. THE MANDAL ENGINEERING OFFICER, MANDAL PARISHAD, PEDAVEGI MANDD, ELURU DISTRICT. --6 9. THE GRAMPANCHAYAT, REP., BY. ITS PANCHAYAT SECRETARY, KOPPULAVARIGUDEM VILLAGE, PEDAVEGI MANDAL ELURU DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the withheld amounts in respect of the 1) Work ID. No. 057042115013080006, for execution of Providing Under Ground Drain with RCC NP2 Pipes in Koppulavarigudem Village, with MGNREGS Convergence an amount of Rs. 27,006/- (Social Audit) and Rs. 27,006/- (Quality Control) totaling an amount of Rs. 54,012/-, 2) Work ID. No. 057042115013090005, for execution of Construction of Anganwadi Centre Building at Naganna Gudem, H/o. Koppulavarigudem Village withheld amounts of Rs. 11,396/-, (Social Audit) Rs. 11,396/- (Quality Control) totaling an amount of Rs. 22,792/-, 3) Work ID. No. 057042115013080011, for execution of Construction of CC Road from P Krishnaiah (H) to V Veerayya (H), and other internal Roads in Koppulavarigudem Village, withheld amounts of Rs. 11,951/-, (Social Audit) and Rs. 11,951/- (Quality Control) totalingan amount of Rs. 23,902/-, 4) Work ID. No. 057042115013090009, for execution of Construction of Anganwadi Centre Building at Koppulavarigudem Village, withheld amounts of Rs. 11,535/-, (Social Audit) and Rs. 11,535/-, (Quality Control) totaling withheld amount of Rs. 23,070/-, 5) Work ID. No. 057042115Qd 3080002, for execution of Providing WBM Road from Koppulavarigudem to Yerracheruvu, withheld amounts of Rs. 2,65,723/-, (Social Audit) and Final bill for a net amount of Rs. 5,000/-, out of gross 5 amount of Rs. 5,276/-, after deduction of Rs. 276/-, totaling an amount of Rs.2,70,723/- 6) Work ID. No. 057042115013080004, for execution of Providing Under Ground Drain with RCC NP2 Pipes with MGNREGS Convergence at Koppulavarigudem Village, withheld amounts of Rs.53,841/-, (Social Audit) and Rs. 53,841/- (Quality Control), totalingan amount of Rs. Page 3 of 9 1,07,682/-, 7) Work ID. No. 057042115013080014, for execution of the Construction of CC Roads in Koppulavarigudem Village Bit-2, withheld amounts of Rs. 11,199/-, (Social Audit) and Rs. 11,199/-, (Quality Control) totaling an amount of Rs. 22,398/-, 8) Work ID. No. 057042115013090010, for execution of Construction of Women Sdtf Help Group Federation Building at Koppulavarigudem Village, withheld amounts of Rs.15,400/-, (Social Audit) and Rs. 15,400/-, (Quality Control) totalling an amount of Rs. 30,800/-, 9) Work ID. No. 057042115013080013, for execution of Construction of CC internal Roads in Koppulavarigudem Village, withheld amounts of Rs. 21,274/- , (Social Audit) and Rs. 21,274/-, (Quality Control) totaling an amount of Rs. 42,548/-, 10) Work ID. No. 057042115013080001, for execution of Providing WBM Road from Koppulavarigudem to Seetapuram Village of Pedavegi Mandal, withheld 10PERCENT amount of Rs. 4,25,660/-, 11) Work ID.No. 057042115013080007, for execution of the Construction of CC Road from Sithapuram School to Sai Baba Temple at other internal roads at Koppulavarigudem, withheld amounts of Rs. 16,853/-, (Social Audit) and Rs. 16,853/-, (Quality Control) totaling an amount of Rs. 33,706/-, and 12) Work4J- ID.No. 057042115013080003, for the execution of the Construction of CC Road from Anjaneyaswami Temple to U Bhaskara Anjanelu House at Koppulavarigudem Village of Pedavegi Mandal, III and Final bill amount of Rs. 14,297/-, and all the withheld and final bill amounts totaling an amount of Rs.10,71,590/-, being illegal arbitrary and violation of Article 14 and 19(1)(g) of the Constitution of India and Consequently direct the Respondents to release the final and withheld, amounts in respect of the 1) Work ID. No. 057042115013080066, for execution of Providing Under Ground Drain with RCC NP2 Pipes in Koppulavarigudem Village, with MGNREGS Convergence an amount of Rs. 27,006/- (Social Audit and Rs. 27,006/- (Quality Control) totaling an amount of Rs. 54,012/-, 2) Work ID. No. 057042115013090005, for execution of Construction of Anganwadi Centre Building at Naganna Gudem, H/o. Koppulavarigudem Village withheld amounts of Rs. 11,396/-, (Social Audit) Rs. 11,396/- (Quality Control) totaling an amount of Rs. 22,792/- , 3) Work ID. No. 057042115013080011, for execution of Construction of CC Road from P Krishnaiah (H) to V Veerayya (H), and other internal Roads in Koppulavarigudem Village, withheld amounts of Rs. 11,951/-, (Social Audit) and Rs. 11,951/- (Quality Control) totaling an amount of Rs. 23,902/-, 4) Work ID. No. 057042115013090009, for execution of Construction of Anganwadi Centre Building at Koppulavarigudem Village, withheld amounts of Rs. 11,535/-, (Social Audit) and Rs. 11,535/-, (Quality Control) totaling withheld amount of Rs. 23,070/-, 5) Work ID. No. 057042115013080002, for execution of Providing WBM Road from Koppulavarigudem to Yerracheruvu, withheld p. 4 amounts of Rs. 2,65,723/-, (Social Audit) and Final bill for a net amount of Rs. 5,000/-, out of gross amount of Rs. 5,276/-, after deduction of Rs. 276/-, totaling an amount of Rs.2,70,723/- 6) Work ID. No. 057042115013080004, for execution of Providing Under Ground Drain with RCC NP2 Pipes with MGNREGS Convergence at Koppulavarigudem Village, withheld amounts of Rs.53,841/- (Social Audit) and Rs. 53,841/- (Quality Control), totaling an amount of Rs. 1,07,682/-, 7) Work ID. No. 057042115013080014, for execution of the Construction of CC Roads in Koppulavarigudem Village Bit-2, withheld amounts of Rs. 11,199/-, (Social Audit) and Rs. 11,199/-, (Quality Control) totaling an amount of Rs. 22,398/-, 8) Work ID. No. 057042115013090010, for execution of Construction of Women Self Help Group Federation Building at Koppulavarigudem Village, withheld amounts of Rs.15,400/-, (Social Audit) and Rs. 15,400/-, (Quality Control) totaing and amount of Rs. 30,800/-, 9) Work ID. No. 057042115013080013, for execution of Construction of CC internal Roads in Koppulavarigudem Village, withheld 4 amounts of Rs. 21,274/-, (Social Audit) and Rs. 21,274/-, (Quality Control) totaling an amount of Rs. 42,548/-, 10) Work ID. No. 057042115013080001, for execution of Providing WBM Road from Koppuiavarigudem to Seetapuram Viiiage of Pedavegi Mandal, withheld 10PERCENT amount of Rs. 4,25,660/-, 11) Work ID.No. 057042115013080007, for execution of the Construction of CC Road from Sithapuram School to Sai Baba Temple at other internal roads at Koppuiavarigudem, withheld amounts of Rs. 16,853/-, (Social Audit) and Rs. 16,853/-, (Quality Controi) totaiing an amount of Rs. 33,706/-, and 12) Work ID.No. 057042115013080003, for the execution of the Construction of CC Road from Anjaneyaswami Tempie to U Bhaskara Anjanelu House at Koppuiavarigudem Viiiage of Pedavegi Mandai, III and Final bill amount of Rs. 14,29, and all the withheld and final bill amounts totaling an amount of Rs.10,71,590/-, and to pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to release the final and withheld amounts in respect of the 1) Work ID. No. 057042115013080006, for execution of Providing Under Ground Drain with RCC NP2 Pipes in Koppulavarigudem Village, with MGNREGS Convergence an amount of Rs. 27,006/- (Social Audit and Rs. 27,006/- (Quality Control) totaling an amount of Rs. 54,012/-, 2) Work ID. No. 057042115013090005, for execution of Construction of Anganwadi Centre Building at Naganna Gudem, H/o. Koppulavarigudem Village withheld amounts of Rs. 11,396/-, (Social Audit) Rs. 11,396/- (Quality Control) totaling p. 5 an amount of Rs. 22,792/-, 3) Work ID. No. 057042115013080011, for execution of Construction of CC Road from P Krishnaiah (H) to V Veerayya (H), and other internal Roads in Koppulavarigudem Village, withheld amounts of Rs. 11,951/-, (Social Audit) and Rs. 11,951/- (Quality Control) totaling an amount of Rs. 23,902/-, 4) Work ID. No. 057042115013090009, for execution of Construction of Anganwadi Centre Building at Koppulavarigudem Village, withheld amounts of Rs. 11,535/-, (Social Audit) and Rs. 11,535/-, (Quality Control) totaling withheld amount of Rs. 23,070/-, 5) Work ID. No. 057042115013080002, for execution of Providing WBM Road from Koppulavarigudem to Yerracheruvu, withheld amounts of Rs. 2,65,723/-, (Social Audit) and Final bill for a net amount of Rs. 5,000/-, out of gross amount of Rs. 5,276/-, after deduction of Rs. 276/-, totaling an amount of / Rs.2,70,723/- 6) Work ID. No. 057042115013080004, for execution of Providing Under Ground Drain with RCC NP2 Pipes with MGNREGS Convergence at Koppulavarigudem Village, withheld amounts of Rs.53,841/-, (Social Audit) and Rs. 53,841/- (Quality Control), totaling an amount of Rs. 1,07,682/-, 7) Work ID. No. 057042115013080014, for execution of the Construction of CC Roads in Koppulavarigudem Village Bit-2, withheld amounts of Rs. 11,199/-, (Social Audit) and Rs. 11,199/-,( Quality Control) totaling an amount of Rs. 22,398/-, 8) Work ID. No. 057042115013090010, for execution of Construction of Women Seif Help Group Federation Building at Koppulavarigudem Village, withheld amounts of Ri.15,400/-, (Social Audit) and Rs. 15,400/-, (Quality Control) totaing and amount of Rs. 30,800/-, 9) Work ID. No. 057042115013080013, for execution of Construction of CC internal Roads in Koppulavarigudem Village, withheld amounts of Rs. 21,274/- , (Socjal Audit) and Rs. 21,274/-, (Quality Control) totaling an amount of Rs. 42,548/-, 10) Work ID. No. 057042115013080001, for execution of Providing WBM Road from Koppulavarigudem to Seetapuram Village of Pedavegi Mandal, withheld 10% amount of Rs. 4,25,660/- 11) Work ID.No. 057042115013080007, for execution of the Construction of CC Road from Sithapuram School to Sai Baba Temple at other internal roads at Koppulavarigudem, withheld amounts of Rs. 16,853/-, (Social Audit) and Rs. 16,853/-, (Quality Control) totaling an amount of Rs. 33,706/-, and 12) Work ID.No. 057042115013080003, for the execution of the Construction of CC Road from Anjaneyaswami Temple to U Bhaskara Anjanelu House at Koppulavarigudem Village of Pedavegi Mandal, III and Final bill amount of Rs. 14,297/-, and all the withheld and final bill amounts totaling an amount of Rs.10,71,590/-, pending disposal of the above writ petition and to pas Counsel for the Petitioner: p. 6 1. MADHAVA RAO NALLURI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following order: Heard Sri Madhava Rao Nalluri, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning for the respondents 1 to 6 and Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 7 to 9. 2. The above writ petition was filed to declare the action of the respondents in withholding amount of Rs.10,71,590/-, payable to the petitioner in relation to the works i.e., 1) Work ID.No.057042115013080006, for execution of Providing Under Ground Drain with RCC NP2 Pipes in Koppulavarigudem Village, 2) Work ID.No.057042115013090005, for execution of Construction of Anganwadi Centre Building at Naganna Gudem, H/o. Koppulavarigudem Village, 3) Work ID.No.057042115013080011, for execution of Construction of CC Road from P Krishnaiah (H) to V Veerayya (H), and other internal Roads in Koppulavarigudem Village, 4) Work ID.No.057042115013090009, for execution of Construction of Anganwadi Centre Building at Koppulavarigudem Village, 5) Work ID.No.057042115013080002, for execution of Providing WBM Road from Koppulavarigudem to Yerracheruvu, 6) Work ID.No.057042115013080004, for execution of Providing Under Ground Drain with RCC NP2 Pipes with MGNREGS Convergence at Koppulavarigudem Village, 7) Work ID.No.057042115013080014, for execution of the Construction of CC Roads in Koppulavarigudem Village Bit-2, 8) Work ID.No.057042115013090010, for execution of Construction of Women Self Help Group Federation Building at Koppulavarigudem Village, 9) Work ID.No.057042115013080013, for p. 7 execution of Construction of CC internal Roads in Koppulavarigudem Village, 10) Work ID.No.057042115013080001, for execution of Providing WBM Road from Koppulavarigudem to Seetapuram Village of Pedavegi Mandal, 11) Work ID.No.057042115013080007, for execution of the Construction of CC Road from Sithapuram School to Sai Baba Temple at other internal roads at Koppulavarigudem and 12) Work ID.No.057042115013080003, for the execution of the Construction of CC Road from Anjaneyaswami Temple to U.Bhaskara Anjanelu House at Koppulavarigudem Village of Pedavegi Mandal, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Executive Engineer, PR PIU Division, Eluru – 4th respondent dated 23.02.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.10,71,590/-. The written instructions are made as part of the record. 5. The petitioner has paid a Court Fee of only Rs.100/-, and the petitioner shall pay the deficit Court Fee of Rs.1,100/- within one week from the receipt of the order copy and file a memo to that effect, failing which the Registry will take necessary steps for payment of the deficit Court Fee. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.10,71,590/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors1, it was held at Para No.8 as under: “Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim p. 8 1 2025 SCC online SC 1400 can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie. Further, throwing a writ petition on ground of availability of alternative remedy after 10 years, particularly, when parties have exchanged their affidavits, is not the correct course unless there are disputed questions of fact which by their very nature cannot be adjudicated upon without recording formal evidence”. 7. Given the instructions furnished by the Executive Engineer, PR PIU Division, Eluru – 4th respondent the Writ Petition is disposed of directing the respondents to release an amount of Rs.10,71,590/- (Rupees Ten Lakhs Seventy One Thousand Five Hundred and Ninety only) payable to the petitioner regarding execution of the aforementioned works, within three (03) months from the date of receipt of the copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.03.2026 SNI p. 9 157 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2057 OF 2026 Date: 24.03.2026 SNI